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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in six months of imprisonment without prison labor, and one hundred and twenty hours of community service order) is too unhued and unreasonable.
2. The Defendant’s breach of the duty of care by the Defendant is an unfavorable sentencing condition for the following reasons: (a) the Defendant was not liable for a serious injury to the victim; and (b) the Defendant did not reach an agreement with the victim up to the trial.
However, the defendant recognized the crime of this case, and the negligence of the victim who walked in the center due to the entry into the road where the central separation zone and both sides of the road are installed was a substantial cause for the occurrence of the traffic accident of this case and the expansion of damage.
In full view of the fact that the Defendant appears to have been punished twice for the same crime, but there was no record of criminal punishment since 1990, and other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s improper assertion of sentencing is not acceptable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.